Judicial Discretion in Corporate Bankruptcy
AbstractWe study a demand-and-supply model of judicial discretion in corporate bankruptcy. On the supply side, we assume that bankruptcy courts may be biased for debtors or creditors, and subject to career concerns. On the demand side, we assume that debtors (and creditors) can engage in forum shopping at some cost. A key finding is that stronger creditor protection in reorganization improves judicial incentives to resolve financial distress efficiently, preventing a "race to the bottom" toward inefficient uses of judicial discretion. The comparative statics of our model shed light on a lot of evidence on U.S. bankruptcy and yield novel predictions on how bankruptcy codes should affect firm-level outcomes. The Author 2010. Published by Oxford University Press on behalf of The Society for Financial Studies. All rights reserved. For Permissions, please e-mail: firstname.lastname@example.org., Oxford University Press.
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Bibliographic InfoArticle provided by Society for Financial Studies in its journal Review of Financial Studies.
Volume (Year): 23 (2010)
Issue (Month): 11 (November)
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Other versions of this item:
- G33 - Financial Economics - - Corporate Finance and Governance - - - Bankruptcy; Liquidation
- K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
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- Kenneth Ayotte & Hayong Yun, . "Matching Bankruptcy Laws to Legal Environments," American Law & Economics Association Annual Meetings 1018, American Law & Economics Association.
- Julian R. Franks & Kjell G. Nyborg & Walter N. Torous, 1996. "A Comparison of UK, US and German Insolvency Codes," Financial Management, Financial Management Association, vol. 25(3), Fall.
- Dan Bernhardt & Ed Nosal, 2003.
0304, Federal Reserve Bank of Cleveland.
- Alan Schwartz, 1997.
"Contracting About Bankruptcy,"
Yale School of Management Working Papers
ysm71, Yale School of Management.
- Gennaioli, Nicola & Rossi, Stefano, 2008. "Optimal Resolutions of Financial Distress by Contract," CEI Working Paper Series 2008-6, Center for Economic Institutions, Institute of Economic Research, Hitotsubashi University.
- Gilson, Stuart C. & John, Kose & Lang, Larry H. P., 1990. "Troubled debt restructurings*1: An empirical study of private reorganization of firms in default," Journal of Financial Economics, Elsevier, vol. 27(2), pages 315-353, October.
- Nicola Gennaioli & Andrei Shleifer, 2006.
"Judicial Fact Discretion,"
NBER Working Papers
12679, National Bureau of Economic Research, Inc.
- Pascal François & Alon Raviv, 2014. "Heterogeneous Beliefs and the Choice Between Private Restructuring and Formal Bankruptcy," Cahiers de recherche 1401, CIRPEE.
- Tarantino, Emanuele, 2013.
"Bankruptcy law and corporate investment decisions,"
Journal of Banking & Finance,
Elsevier, vol. 37(7), pages 2490-2500.
- Tarantino, E.T., 2009. "Bankruptcy Law and Corporate Investment Decisions," Discussion Paper 2009-86, Tilburg University, Center for Economic Research.
- Tarantino, E.T., 2009. "Bankruptcy Law and Corporate Investment Decisions," Discussion Paper 2009-040, Tilburg University, Tilburg Law and Economic Center.
- Leyman, Bart & Schoors, Koen J.L. & Coussement, Peter, 2011. "Does court-supervised reorganization work? Evidence from post-confirmation firm failure," International Review of Law and Economics, Elsevier, vol. 31(3), pages 149-168, September.
- Nicola Gennaioli & Stefano Rossi, 2012.
"Contractual Resolutions of Financial Distress,"
651, Barcelona Graduate School of Economics.
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